JUDGMENT

Jasjit Singh Bedi, J. - The applicant/appellant has filed the present application for grant of leave to appeal against the order of acquittal dated 10.01.2018 passed by Sub Judicial Magistrate, Hathin, whereby the accused-respondents have been acquitted of the charges under Sections 148, 149, 323, 326, 452, 307, 506 of IPC.

2. The brief facts of the case are that on 14.02.2008, an altercation took place on account of some controversy between their children and the applicant-appellant/complainant (hereinafter known as the complainant) protested to Hurmat. On this, Hurmat got infuriated, started to hurl abuses at him and threatened to teach him a lesson. When the complainant returned to his house, then on the same day at around 10:00 AM while he was at home, all the accused came there being armed with Pharsas, Lathis and Paltas, trespassed into his house and raised a lalkara to finish them. Jakir gave a pharsa blow on the head of the complainant. The accused Kala gave a lathi blow on the elbow of his left hand. When Juber, brother of the complainant tried to protect him, then Hurmat caught hold of Juber and Sheru gave a lathi blow on his right shoulder. Siraj gave a lathi blow on his left arm, Manna gave a lathi blow on the right hand of Juber. When Jaibuna wife of Juber tried to rescue them, Lilli gave an iron palta blow on the head of Jaibuna and she fell unconscious. On raising an alarm, Babuddin and Fajar co-residents reached there and rescued them from the clutches of the accused.

3. Vide order dated 08.09.2016 the accused were summoned under Sections 148, 323, 452, 506 read with Section 149 of the Indian Penal Code, 1860.

4. Thereafter, pre-charge evidence was led by the complainant and the accused were charge-sheeted under Sections 148, 323, 452, 506 read with Section 149 of The Indian Penal Code, 1860.

5. To prove its case, complainant examined himself as CW1 and in his examination-in-chief deposed that on 14.02.2008 some altercation took place between their children and the children of Hurmat. When he went to the house of Hurmat, then Hurmat started abusing them. At 10:00 AM when he, Juber and Jaibuna were present at home, in the meanwhile all accused persons namely Jafar, Hurmat, Kala, Sheru, Manna, Siraj and Lilli forcibly entered in their house and gave a lalkara to punish them. Jakir gave a farsa blow on his head. Kaley gave a lathi on his right elbow. In the meanwhile his brother came to rescue them and Hurmat caught him from behind. Sheru gave a lathi blow on the right hand of Juber. Manna gave a lathi blow on the right hand and to save them his sister-in-law Lilli came there. She was hit by a sharp iron weapon on her head due to which she received injuries on her head and she became unconscious. In the meanwhile Babuddin and Fajar came and rescued them. They had been taken to Mandi Kheda and their sister-in-law was taken to Kosi to a private hospital. After 4/5 months of the injuries their sister-in-law died in Kosi Kalan Hospital. He proved his complaint Ex.C1.

CW2 Dr. Satish Arora, B.A.M.S. Hari Milap Hospital, Kosi Kalan, District Mahtura (UP) deposed that he had seen the name of the complainant on the file but he had not treated them nor treated Jaibuna wife of Juber and he did not know Juber and he did not have any record of them.

CW3 Babuddin son of Mallu Khan deposed that on 14.02.2008 they were going on the way. There was noise due to the quarrel of Hakim and Hurmat. They saw that Hakim, Juber, Jaibuna, Ali Mohammad were laid on the floor and they were unconscious and they also saw that Jakir was having a farsa and Leelay was having an iron palta. Manna, Lilli, Karu, Kaley were having lathis. Hurmat while going away had threatened that this time they had been saved but not next time. Thereafter, they went to Police Post Uttawar where three persons of the accused party were found who had not let the report be lodged. Thereafter, they took Jaibuna to Government Hospital. The doctor had given an MLR to the